A. 
The location of all existing and proposed monuments, lot line markers, property corners, and drill holes shall be shown on the final plan. Those that are proposed shall be labeled as such.
B. 
Three monuments shall be spaced around the proposed project with precise bearings and distances labeled that reference those monuments to known property corners.
(1) 
Two such monuments shall be consecutive corners along street rights-of-way and the third may be placed either on the boundary or internal to the site.
(2) 
Longitude and latitude coordinates of the monuments shall be shown on the recorded plan.
(3) 
If GPS technology is used, it shall be rectified and calibrated to the State Plane Coordinate System, North American Datum (NAD) 1983.
(4) 
Monuments must be readily accessible and clear of overhead obstructions.
(5) 
A computer-readable point file including property lines, corners, rights-of-way, and easements for the site shall be submitted to the Borough prior to final plan recordation.
C. 
Monuments shall be concrete or stone, with a flat top having a minimum width or diameter of four inches and a minimum length of 30 inches. Concrete monuments shall be marked with a three-quarter-inch copper, brass dowel or drill hole; stone or precise monuments shall be marked on the top with a drill hole.
D. 
Markers shall be set at all points where lot lines intersect curves, at all angles in the property lines, at the intersection of all other property lines, and at the street right-of-way.
E. 
Markers shall consist of iron pipes or steel bars at least 30 inches long and not less than 5/8 inch in diameter.
F. 
Drill holes shall be drilled in concrete curbs (with or without PK nails or discs) having a minimum diameter of 1/4 inch. The depth of the holes shall be such that a PK nail or disc, if used, can be set in as close to the surface of the curb as possible. Minimum depth without the use of PK nail or disc shall be 1/2 inch. In the absence of PK nails or discs, chisel or saw marks shall be used to facilitate and identify the drill hole locations.
G. 
All monuments, markers, and drilled holes shall be placed by a registered professional land surveyor so that the scored market point, or center of the driller hole, shall coincide with the point of intersection of the lines being monumented or marked.
H. 
A note shall be provided on the plan indicating when the monuments and markers are to be set.
A. 
All units of occupancy within the proposed subdivision or land development shall be provided with a complete sanitary sewer system, which shall be connected to the Borough's sanitary sewer system in accordance with the requirements of Council, the Authority, and the DEP.
B. 
The final plan application shall include a statement from the Authority indicating the approval of the plans for design, installation and possible financial guarantees.
A. 
All units of occupancy shall be provided with a complete water supply system, which shall be connected to the Borough's water supply system in accordance with the requirements of the Council, the Authority, and the DEP. Fire hydrants shall be installed and spaced no more than 600 feet apart.
B. 
The final plan application shall include a statement from the Authority indicating the approval of the plans for design, installation and possible financial guarantees.
All subdivisions and land developments shall comply with the requirements of Chapter 226, Stormwater Management, and with the requirements of Chapter 232, Article IV, Sidewalk and Curb Installation; Maintenance, of the Code of the Borough of Mount Joy, as well as the following:
A. 
Erosion and sedimentation controls. All development applications which involve grading or excavation shall conform to the requirements of Chapter 102 of the regulations of the DEP, as amended from time to time. It shall be the responsibility of the applicant to secure all approvals required by the Lancaster County Conservation District, as delegated by the DEP prior to commencement of construction activities. Approval of plans by the Council shall not be construed under and regulation of the DEP, Lancaster County Conservation District or other regulatory body.
B. 
Floodplains. Floodplain areas shall be established and preserved as provided by Chapter 270, Zoning.
The following landscaping requirements shall be in addition to any landscaping requirements of Chapter 270, Zoning:
A. 
All proposed subdivisions and land developments shall be landscaped in compliance with this chapter and Chapter 270, Zoning. A landscape plan shall accompany a subdivision and land development plan and shall be drafted by a registered engineer or landscape architect.
B. 
All planting shall be performed in conformance with good nursery and landscape practice. Plant materials shall conform to the standards recommended by the American Association of Nurseryman, Inc., in the American Standard of Nursery Stock, ANZIZ60, current edition, or any amendments made hereafter.
(1) 
Provide a landscape plan note indicating that the top of the main order root (first large set of roots that divide from the trunk) shall be planted no lower than one or two inches into the soil.
(2) 
Planting designs are encouraged to share planting space for optimal root growth whenever possible. Continuous planting areas vs. isolated planting boxes are encouraged.
(3) 
No staking and wiring of trees shall be allowed without a maintenance note for the staking and wiring to be removed within one year of planting.
C. 
All required landscape plants shall be maintained and guaranteed for a length of 18 months from the date of planting. No more than 1/3 of the tree or shrub shall be damaged or dead without replacement. Replacement plants shall conform to all requirements of this section and shall be maintained after replanting for an additional 18 months. A note indicating this requirement shall be placed on the plans.
D. 
The plant's growth shall not interfere with the street cartway, access drives or driveway locations, sidewalk, signage, easement locations, clear sight triangles, or utility line locations. No landscaping with sight triangle easement locations shall exceed two feet in height.
E. 
In order to aid surveillance and minimize the potential for crime, plantings shall be sited, massed, and scaled to maintain visibility of doors and first floor windows from the street and from within the development to the greatest extent possible. Planting patterns shall not obstruct sight lines or create isolated areas, especially near pedestrian walking paths.
F. 
Any existing vegetation that is in appropriate locations, of an acceptable species and quality, may be used to fulfill landscaping and buffering requirements if approved by the Council.
G. 
Street trees shall be provided in all subdivisions and land developments which include new streets and along the frontage of existing streets that abut a subdivision or land development.
(1) 
Location. Where permitted by the Borough and/or PennDOT, street trees shall be placed within the street right-of-way. If planting within the street right-of-way is not approved, then such trees shall be planted with the trunk on private property immediately outside of the street right-of-way.
(2) 
Number. A minimum average of one street tree shall be planted for each 40 feet of length of new street or existing street frontage measured at the centerline.
(3) 
The spacing of trees shall be based on the size of the tree canopy at maturity with trees spaced no closer than 30 feet on center if the tree canopy is less than 30 feet spread at maturity, spaced 30-60 feet on center if the tree canopy is 30-50 feet spread at maturity, and street trees spaced 50-100 feet on center if the tree canopy is over 50 feet spread at maturity. When a less formal arrangement is desired, where more massing is appropriate, or improvements such as benches are located, street trees shall be grouped in a manner that is approved by the Council.
(4) 
Existing trees. Along street segments where existing healthy street trees will be preserved and protected during construction, new street trees shall not be required.
(5) 
The following tree species are acceptable to meet the street tree requirements. Other tree species may be used, if approved by the Council.
Common Name
Botanical Name
Height/ Canopy Spread
(feet)
Drought Tolerances
Soil Type
Soil Acidity/ Aerosol Salt Tolerance
Soil Saturation Preference
Root Pattern
Canopy Structure/ Growth Rate
Red Maple
Acer rebrum
75/35
Moderate
Clay; loam
Acidic/low tolerance
Extended flooding to well-drained
Large surface roots
Upright oval canopy/fast growing
Sugar Maple
Acer saccharum
70/40
Sensitive to reflected heat and drought
Sand; loam, not compacted
Acidic; alkaline/not tolerant
Well-drained
Often shallow
Dense oval/ moderate- slow growing
River birch
Betula nigra
40-50/25-35
Moderate
Clay; loam
Acidic
Extended flooding to well-drained
Not a problem
Narrow-pyramidal crown/fast growing when moist
Common Hackberry
Celtis occidentalis
45-80/40-50
Highly tolerant
Clay; loam
Tolerant of highly alkaline to moderate acidic
Extended flooding to well-drained
Large surface roots
Round/prune to prevent weak branch crotches
American Yellow-wood
Cladrastis kentckea
30-50/40-50
Moderate
Clay; sand; loam
Alkaline; acidic
Occasional wet to well-drained
Surface roots when wet
Round/ moderate/ prune structure
American beech
Fagus grandifolia
50-75/40-60
Moderate to low
Sand; loam
Acidic/low Tolerance
Needs well drained
Surface roots/needs space
Very dense oval/ moderate
White Ash
Fraxinus Americana
50-80/40-60
Moderate
Sand; loam
Alkaline; acidic/ moderately tolerant
Extended flooding to well-drained
Large surface roots/needs space
Oval/fast growing
Green Ash
Fraxinus pennsyl-vanica
60-70/45-50
Highly Tolerant
Sand; loam; clay
Alkaline; acidic/ moderately tolerant
Extended flooding to well-drained
Large surface roots when confined
Upright/fast; prune structure to develop trunk
Thomless Honey-locust
Gleditsia triacanthos inermis
50-70/35-50
Highly tolerant
Clay; sand; loam
Alkaline; acidic/ highly tolerant
Occasional wet to well-drained
Can grow surface roots
Open oblong
Sweetgum
Liquid-ambar styraciflua
60-75/35-50
Moderate to little
Clay; sand; loam
Acidic/ moderately tolerant
Extended flooding to well-drained
Surface roots when moist
Pyramidal/ extreme sensitivity to construction
Tuliptree
Lirioden-dron tulipifera
80-100/30-50
Moderate
Sand; loam
Acidic/no tolerance
Well-drained to occasional wet
Not a problem; needs space
Oval/ moderate growth
Blackgum/ Sourgum
Nyssa sylvatica
65-75/25-35
Highly tolerant
Clay; loam
Acidic/ moderately tolerant
Extended flooding to well-drained
Not a problem; deep roots
Pyramidal/ slow growth
American Hophorn-beam
Ostrya virginiana
25-50/25
Tolerant once established
Sand; loam
Poor salt tolerance/ pH adaptable
Prefers moist when young
Not a problem
Rounded
Sycamore
Platanus occidentalis
75-90/50-70
Highly tolerant
Clay; loam; should not dry out
Alkaline; acidic/ moderately tolerant
Extended flooding to well-drained
Can grow surface roots
Dense pyramidal/ fast growing
White Oak
Quercus alba
60-100/60-80
Moderate to low
Sand; loam; should not dry out
Acidic/ highly tolerant
Occasional wet to well-drained
Not a problem
Pyramidal/ slow growing
Shingle Oak
Quercus imbricaria
40-60/40-60
Tolerant intermit-tent drought
Rich; deep, well-drained
Alkaline soils up to 7.5 pH
Moist
Not a problem
Rounded/ transplants well
Chestnut Oak
Quercus Montana
50-60/40-60
Highly tolerant
Sand; loam
Acidic/ unknown salt tolerance
Well-drained
Roots flare when older
Round/ moderate growth
Red Oak
Quercus rubra
60-70/50-60
Highly tolerant
Sand; loam
Acidic/ highly tolerant
Well-drained
Can form large surface roots
Dense; round/fast growth; train into one leader
Swamp White Oak
Quercus bicolor
50-70/50-70
Moderate
Clay; sand; loam
Acidic/ moderate tolerance
Extended flooding to well-drained
Not a problem
Round/ moderate growth; long lived
Basswood/ American Linden
Tilia Americana
50-80/35-50
Moderate
Sand; loam
Acidic; alkaline/low tolerance
Well-drained
Not a problem needs space
Dense; pyramidal/ moderate
(6) 
No one species shall comprise more than 33% of the entire number of street trees in a particular development.
(7) 
All street trees shall be provided by the applicant in accordance with the following standards:
(a) 
The trees shall be nursery-grown in a climate similar to that of the project. Varieties of trees within the public street right-of-way shall be subject to the approval of the Council.
(b) 
All trees shall have a normal habit of growth and shall be sound, healthy, and vigorous; they shall be free from disease, insects eggs, and larvae.
(c) 
The trunk caliper, measured at a height of six inches above finish grade shall be a minimum of two inches.
(d) 
Tree planting depth shall bear the same relationship to the finished grade as the top of the root ball or original grade of origin.
(e) 
Street trees in beauty strips or near sidewalks shall be planted with an approved root barrier system to prevent root damage to sidewalks and/or curbs.
H. 
Existing wooded areas. Existing wooded areas shall be protected to prevent unnecessary destruction. At least 20% of any existing woodlands that exist at the time of plan submission shall be maintained or replaced immediately following construction. Replacement trees shall be a minimum trunk caliper of two inches at a height of six inches above finished grade. If the applicant can prove that invasive species are within a particular area of the wooded location, then the percent of woodlands to be removed may be increased to eradicate invasive species. The tree protection area must be indicated on the plans. Individual trees that are to be saved shall be marked prior to construction, in the case of mature wooded areas, the edge of the wooded area shall be marked with a forty-eight-inch-high construction or snow fence, mounted on steel, poles, shall be placed around the perimeter of the wooded area to remain.
I. 
Ground cover. Ground cover shall be provided on all areas of the project to prevent soil erosion. All areas which are not covered by paving, stone, or other solid material shall be protected with a suitable ground cover, consisting of spreading plats, including sods and grasses, less than 18 inches in height.
J. 
Native and invasive planting.
(1) 
Native plant materials should be incorporated in all designs. The use of native plant material can help improve water quality, provide additional and improved wildlife habitat, and typically adapt to local conditions which then require less maintenance. Native plants must be used near greenways, suburban forested areas, wetlands, and riparian areas.
(2) 
Except as noted above, non-native plants may be included in place of a native plant if it is not considered invasive and the plant does not introduce pests or diseases. A nonnative plant may be incorporated into designs when they prove to be better suited for a particular soil, environment, spatial constraints, and integration into the surrounding ecosystem.
(3) 
The following is a list of invasive plants which may not be used in any planting schedule:
(a) 
Trees. Tree-of-heaven (Ailanthus altissima), Norway maple (Acer platanoides), Sycamore maple (Acer psuedoplatanus), Empress tree (Paulownia tomentosa), Callery pear (Pyrus calleryana), Siberian elm (Ulmus pumila).
(b) 
Shrubs. Japanese barberry (Berberis thunbergii), European barberry (Berberis vulgaris), Russian olive (Elaeagnus angustifolia), Autumn olive (Elaeagnus umbellate), Winged Euonymus (Euonymus alatus), Border privet (Ligustrum obtusifolium), Common privet (Ligustrum vulgare), Tartarian honeysuckle (Lonicera tartarica), Standish honeysuckle (Lonicera maackii), Bell's honeysuckle (Lonicera morrowii x tatarica), Common buckthom (Rhamnus catharticus), Glossy buckthorn (Rhamnus catharticus), Glossy buckthom (Rhamnus multiflora), Wineberry (Rubus phoenicolasius), Multiflora rose (Rosa multiflora), Japanese spiraea (Spiraea japnonica), Guelder roase (Viburnum opulus var. opulus)
(c) 
Grasses. Cheatgrass (Bromus tectorum), Japanese stilt grass (Microstegium vimineum), Maiden grass (Miscanthus sinensis), Common reed (Phragmites australis), Reed canary grass (Phalaris arundinacea), Johnson grass (Sorghum halepense), and Shattercane (Sorghum bicolor ssp. drummondii)
(d) 
Flowers. Garlic mustard (Alliaria petiolata), Goutweed (Aegopodium podagraria), Bull thistle (Crisium vulgare), Canada thistle (Cirsium arvense), Musk thistle (Carduus nutans), Jimsonweed (Datura stramonium), Goatsrue (Galega officinalis), Giant hogweed (Heracleum mantegazzianum, Dame's rocket (Hesperis matronalis), Purple Loosestrife (Lythrum salicaria, L. virgatum), Eurasian water-milfoil (Myriophyllum spicatum), Star-of-Bethlehem (Ornithogallum nutans, umbellatum), Japanese knotweed (Polygonum (Falopia) cuspidatum/Polgonum sachalinense), Wild parsnip (Pastinaca sativa), Beefsteak plant (Perilla frutescens), Lesser celandine (Ranunculus ficaria), Water chestnut (Trapa natans).
(e) 
Vines. Fiveleaf akebia (Akebia quinata), Porcelain-berry (Ampelopsis brevipedunculata), Oriental bittersweet (Celastrus orbiculatus), Japanese honeysuckle (Lonicera japonica), Kudzu (Pueraria lobata), Mile-a-minute vine (Polygonum perfoliatum)
The Council shall consider the adequacy of existing or proposed facilities to serve the residents or nonresidential occupants of the proposed development. The reservation of land for community facilities will be requested when appropriate. The developer shall give earnest consideration to reserving land for schools, churches and other community facilities. If a facility of this type has been tentatively planned in the area that is to be developed, the developer shall contact the organization which would manage the site to determine whether such organization plans to use the site.
A. 
Legislative intent. The Council has adopted a park and recreation plan for the Borough. To implement this park and recreation plan, all residential subdivisions and land developments shall provide for suitable and adequate recreation in order to:
(1) 
Ensure adequate recreational areas and facilities to serve the future residents of the Borough.
(2) 
Maintain compliance with recreation, park and open space standards, as developed by the National Recreation and Park Association.
(3) 
Reduce increasing usage pressure on existing recreational areas and facilities.
(4) 
Comply with the park and recreation plan with regard to size and distribution of recreation areas.
(5) 
Allow for acquisition and development of additional recreation areas as outlined by the park and recreation plan.
(6) 
Ensure that all present and future residents have the opportunity to engage in many and varied leisure pursuits.
(7) 
Reduce the possibility of the Borough becoming overburdened with the development and maintenance of many very small, randomly planned and widely separated recreation areas.
(8) 
Protect sensitive areas and facilities of significant historical, cultural, aesthetics or environmental value.
(9) 
Provide for the opportunity of combining small plots of dedicated land from several subdivisions into larger, more usable tracts.
B. 
Land requirements for proposed recreation areas. The amount of land required to be provided for recreational purposes for residential subdivisions or land development plans not exempted from the provisions of this section shall be as follows:
(1) 
The minimum lot area which shall be dedicated shall be 0.025 acre per lot or dwelling unit.
(2) 
The minimum area of land reserved as park and recreation land shall be equal to the minimum lot size in the zoning district in which the subdivision or land development is located.
(3) 
Such land set aside shall be suitable to serve the purpose of active and/or passive recreation by reason of its size, shape, location and topography and shall be subject to the approval of the Council.
(4) 
In no event will the amount of land to be dedicated for recreation be less than the minimum lot size for the zoning district in which the subdivision is located.
(5) 
The developer may request that the Borough not require the dedication of land, and any such request shall be accompanied by an offer to pay a fee in lieu of dedication of the land, computed in accordance with the regulations under Subsection G, an offer to privately reserve land for park, or combination of the above for recreation purposes.
C. 
Criteria for proposed recreation areas. Whether publicly dedicated or privately reserved, proposed recreation areas shall:
(1) 
Be a single lot and generally rectangular in shape.
(2) 
Have suitable topography and soil conditions for use and development as a recreation area.
(3) 
Have a minimum of 75% of the required area with a maximum slope of 7%.
(4) 
Have a maximum of 25% of the required area be within floodplain or wetland areas, as defined by the United States Department of Housing and Urban Development Flood Insurance Rate Map, the United States Army Corps of Engineers, the Borough Engineer and/or the DEP.
(5) 
Be easily accessible to all essential utilities contained within the subdivision such as public water, power and sewer; however, no utility easements or rights-of-way shall traverse the recreation area. Stormwater management structures and facilities shall not be included within any recreational or open space area.
(6) 
Not contain any materials which would be termed "hazardous wastes" under applicable state and federal statutes, not contain any petroleum products and not contain any underground storage tanks or locations from which underground storage tanks were removed that are leaking.
(7) 
Be suitable for development as a particular type of park, as categorized by the National Recreation and Park Association's National Park, Recreation and Open Space Standards and Guidelines, 1983, as may be amended.
(8) 
Be compatible with the objectives, guidelines and recommendations as set forth in the park and recreation plan.
(9) 
In the event that the land contains natural features which are worthy of preservation, the developer may request that Borough Council permit the provision of recreational land configured in such a manner as to best preserve natural features.
(10) 
Such land shall be suitable for development as a children's play area if less than one acre in size, or a play field if greater than one acre in size.
(a) 
In order to implement the recommendation of the park and recreation plan, if the adjoining property is undeveloped land, Borough Council shall require that such land be provided at the property boundary of the development in order that it may be added to land provided for park and recreation purposes on an adjacent tract at such time as the adjoining property is developed.
(b) 
If the adjoining property has previously been developed, and recreational land has been provided at the boundary of that previously developed property, Borough Council shall require that the recreational land required of the development shall be located adjoining the previously provided recreational land.
D. 
Dedication of recreation to the Borough. All recreation and open space land required by this section shall be irrevocably dedicated to the Borough unless the Council waives such required dedication. The Council, in its sole discretion, has the power to accept or not accept dedication of such land. The developer shall present evidence of clear title to the recreation and open space land and a deed of dedication which shall be in a form acceptable to the Borough Solicitor. The developer shall reimburse the Borough for all costs associated with the acceptance of dedication.
(1) 
The developer may request that the Borough waive the requirement to dedicate land set forth herein. Any request for such a waiver shall include whether the developer proposes to privately reserve such recreation and open space land or proposes payment of a fee in lieu of land dedication or proposes to dedicate a portion of the required recreation and open space land and in lieu of the remaining portion make improvements to the dedicated land in accordance with recreation standards established by the park and recreation plan.
(2) 
All approved recreation landshall be completed and dedicated or reserved before 50% occupancy has been reached in any applicable subdivision. The Borough may avail itself of all remedies provided by the MPC, including but not limited to the withholding of permits, to ensure compliance with this provision.
E. 
Private reservation of land. The developer may request a waiver from the mandatory dedication requirement imposed by this section to permit the recreation and open space land to be privately reserved. A written agreement between the developer and the Borough, which specifies the developer's obligations, must be executed prior to or concurrent with final plan approval. Such agreement must be in a form and have specific content that is acceptable to the Borough Solicitor. Council is not obligated to execute such an agreement with the developer.
(1) 
The agreement shall stipulate whether the developer, a homeowners' association or a condominium unit owners' association shall be responsible for construction and maintenance of the designated recreation facilities; whether such private facilities will be available to nonresidents of the development; and how the private reservation may be revoked under a set of future circumstances.
(2) 
If such lands and facilities are to become common elements of a homeowners' or unit owners' association of any type, then such association's organizational bylaws must conform to the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. Such documentation shall be recorded.
(3) 
The deed of conveyance of such recreation areas shall contain a restrictive covenant limiting such land and improvements to the common use of the property owners within the development for the purposes initially approved by the Borough. Said deed shall also contain a restriction that said lands and improvements may not be sold or disposed of by the association, except to another organization formed to own and maintain said recreation areas, without first offering to dedicate the land and improvements to the Borough. Such covenants shall be in a form acceptable to the Borough Solicitor.
(4) 
If acceptable to the Borough, the recreation land may be transferred to a not-for-profit corporation established for the conservation or preservation of land or for providing recreational facilities. The documents relating to the transfer of the land shall be in a form acceptable to the Borough Solicitor, shall be recorded and shall provide that the land is permanently restricted from further development. Arrangements acceptable to the Borough shall be made for the maintenance of the recreation land.
F. 
Recreation facility development. Developers required to dedicate land for recreation shall also be requested to develop the recreation areas according to the National Park, Recreation and Open Space Standards and Guidelines published by the National Recreation and Park Association in 1983 and any succeeding updates or revisions.
(1) 
The actual size, number, placement and other specifications of recreation facilities to be developed shall be approved by the Council after negotiations with the developer.
(2) 
Final subdivision and/or development plans shall indicate the location and specifications of all recreation facilities to be constructed and metes, bounds and acreage of the recreation area(s). An engineer's estimate of the cost of development of the recreation area(s) shall also be submitted by the developer for improvement guaranty purposes.
(3) 
The following recreation facilities, or the equivalent if approved by the Council, are recommended for development on the land which has been set aside for recreational facilities:
Dwelling Units
Play Areas
BB/VB1 Courts
Tennis Courts
Ball2 Diamonds
Pavilions
Soccer/ FB3 Fields
24 or fewer
—
—
—
—
—
—
25 to 49
1
1
—
—
—
—
50 to 99
1
1
—
—
1
—
100 to 199
2
2
1
1
1
—
200 to 299
2
2
2
1
1
1
300 to 399
2
2
2
2
2
1
400 and over
3
2
2
2
2
2
NOTES:
The mix of facilities shall be determined by the Borough.
1Basketball and/or volleyball court.
2Softball and/or baseball diamond.
3Soccer and/or football field.
G. 
Fee in lieu of dedication. When requested by the applicant, the Borough may agree to a fee in lieu of dedication. The Borough will hold such funds in accordance with the requirement of the MPC. If the applicant chooses to record final plans for an approved preliminary plan in phases, the applicant shall pay the fee in lieu of dedication applicable to the number of dwelling units in each phase prior to the release of the final plan for such phase for recording.
(1) 
If a fee in lieu of dedication is proposed by the applicant, the amount of a fee-in-lieu payment shall be the fair market value of the land, at the time of preliminary plan submission, required to be dedicated under Subsection B above.
(2) 
Payment of all such fees shall be a condition of final plan approval, and no plans shall be released for recording until such fees are paid.
(3) 
The applicant (at the applicant's sole cost) shall provide the Borough with all information necessary to determine the fair market value of the land, including, but not limited to, a copy of the agreement of sale if the applicant is an equitable owner or has acquired the land within the past two years from an unrelated party or an appraisal of the property by an MAI appraisal, which is to be submitted to the Borough as part of the submission. Fair market value shall be computed by dividing the total price for the tract, at the time of preliminary plan submission, by the number of acres within the tract and then multiplying that number by the amount of land required to be dedicated.
H. 
Fee-in-lieu funds disposition. All fees shall be held and used by the Borough in accordance with the MPC. It is the intent of the Borough Council that such fees shall be used in accordance with the park and recreation plan. Fee-in-lieu funds and accrued interest thereon not used by the Borough within three years may be refunded to the payee only upon his written request. The date of payment of the fee-in-lieu funds shall be considered to be the date upon which the last fee for a particular development represented by a single preliminary plan has been paid, and the three-year period shall not commence until the entire fee-in-lieu of dedication for a development has been paid.
A. 
The applicant or landowner shall be responsible for construction of any trail shown on the Official Map, park and recreation plan, or Comprehensive Plan. The Council, upon recommendation of the Commission, may require, as a condition of final plan approval, the dedication and improvements of new trail construction or connections to existing trail facilities. The area of land that the trails cover may be credited towards the amount of mandatory land that is to be dedicated to the Borough under § 240-57, provided the trails are intended for public use.
B. 
If the trail is intended to provide both pedestrian and bicycle travel, the minimum width shall be 10 feet. If the trail is constructed to provide bicycle travel and is constructed separately and parallel to a concrete sidewalk, the minimum width of the trail shall be six feet.
C. 
All trails shall be constructed in accordance with the American Association of State Highway and Transportation Officials (AASHTO) guidelines for bicycle and pedestrian paths. All trails shall also be constructed in accordance with the ADA.
D. 
Pedestrian easements that are a minimum of 10 feet wide are required for trails. A plan note indicating such easements must be five feet on either side of the centerline of the trail as constructed shall be placed on the cover sheet or other plan sheet that is to be recorded. The applicant shall be responsible for providing a legal description of said easement prior to the release of a final plan for recording.
E. 
Encroachments into the trail shall not result in less than a four-foot-wide minimum clearance width from any obstacles.
F. 
Marked crosswalks shall be provided within the vehicular travel ways intersecting with trails.
G. 
When a subdivision or land development is traversed by or abuts an existing public trail customarily used by pedestrians, the applicant shall make provision for the continued recreational use of the trail, subject to alterations of the course of the trail within the boundaries of the development under the following conditions:
(1) 
The points at which the trail enter and exit the tract shall remain unchanged.
(2) 
The proposed alteration meets all applicable requirements of this section.
(3) 
The proposed alteration does not run coincidentally with the paved road intended for use by motorized vehicles.